WEINGUT HIRTL
Terms and Conditions
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Conclusion of the contract
With your order you are making a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation by email or by delivering the ordered goods. First, you will receive a confirmation of receipt of your order by email to the email address you provided (order confirmation). However, a purchase contract is only concluded when our order confirmation is sent to you by email or when the goods ordered are delivered. When ordering via our online shop, the ordering process comprises a total of 4 steps. In the first step you select the desired goods and enter your customer data including the billing address and, if applicable, a different delivery address. Here you have the opportunity to check all the information (e.g. name, address, method of payment, ordered items) again and, if necessary, to correct them before you send us your order by clicking on ‘Order for a fee’. In the second step you will receive an order confirmation. In the third step, you will pay in advance. In the last step, the goods are sent to you along with the original invoice.
Storage of the contract text
We save the contract text of your order. We will send you an order confirmation with all order data to the email address you provided.
Offers
- The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
- All offers are valid “while stocks last”, unless something else is noted for the products. Otherwise errors remain reserved.
Order process and conclusion of contract
- The customer can select products from the seller’s range without obligation and collect them using the button in the shopping cart
- The customer can then proceed to checkout within the shopping cart using the button to complete the ordering process.
- The customer submits a binding offer to purchase the goods in the shopping cart via the Order for a fee button. Before submitting the order, the customer can change and view the data at any time. An order is only possible if all mandatory fields marked with * on the order form have been completed.
- The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends the ordered product to the customer, hands it over or dispatches it within 7 days has confirmed the customer within 7 days with a second e-mail, an explicit order confirmation or sending the invoice.
- The customer’s order represents an offer. A contract is only concluded after acceptance on our part, at the latest when the goods are dispatched. The customer is bound to his order for 7 days from receipt of this order.
Information on warranty conditions
The legal rules for warranty apply. The period is 24 months from receipt of the goods. Information on any manufacturer guarantees can be found with the products. Liability for consequential damage as well as other consequential and pecuniary damage is excluded, unless it is a consumer business, gross negligence or intent.
Prices, shipping costs, return costs in the event of cancellation
All prices are in euros for end consumers, including all Austrian taxes and duties. Glass and packaging are included, as well as the Austrian disposal costs for bottles and boxes.
Aus logistischen Gründen werden die Flaschen in Kartons zu 6 oder zu 12 Flaschen versandt.
Achten Sie deshalb bitte darauf, dass Ihre Bestellmenge ein Vielfaches von 6 oder 12 ist. Das bedeutet Sie können 6, 12, 18, 24, 30, 36, 42, 48 usw. Flaschen bestellen. Bei einer anderen Bestellmenge fallen zusätzliche Versandkosten an.
Bis auf Widerruf übernehmen wir die Versandkosten innerhalb Österreichs.
We are also happy to ship to other countries. Please ask us about the shipping costs for your country.
If you make use of an existing right of withdrawal, you have to bear the costs of the return.
Delivery terms
Unless otherwise stated in the offer, we will dispatch the goods within 2 working days after receipt of payment.
Please ensure that the ordered shipment can be picked up at the delivery address you specified between 8 a.m. and 5 p.m. If the package is not taken over, we are unfortunately forced to invoice the shipment anyway.
Transport damage and complaints
If, despite the greatest care, there is a reason for complaint (e.g. breakage or lack of ordered products), we guarantee you a full replacement immediately. Please check incoming goods immediately upon receipt for correctness and completeness. Complaints must be confirmed by the transport company and reported to us within one week of receipt.
Soferne innerhalb dieser Frist (einlangen in unserem Unternehmen) keine begründete Reklamation erfolgt, gilt der Erhalt der vollständigen und mängelfreien Ware als bestätigt.
If no well-founded complaint is made within this period (received by our company), receipt of the complete and defect-free goods is considered confirmed.
The tartar is a natural process and is therefore not a reason for complaint.
Availability of wine
If, as an exception, a wine from the vintage you have ordered cannot be delivered, we will provide another, equivalent vintage from the same origin. However, in this case you have the right to refrain from placing your order. Of course, we will also fill your box with different wines of your choice.
Payment terms
Delivery takes place only after payment by credit card or direct transfer. After receipt of the invoice amount, the goods will be sent to you immediately. The invoice will be enclosed with the delivery.
Eine Aufrechnung mit behaupteten Gegenforderungen gegenüber unserem Unternehmen ist unzulässig, soferne derartige Forderungen nicht ausdrücklich anerkannt oder rechtskräfig gerichtlich festgestellt sind.
Orders from other countries are only dispatched against prepayment.
Retention of title
The delivered goods remain the property of the seller – Weingut Hirtl – until full payment has been made. The customer bears the full risk for the goods subject to retention of title, in particular for the risk of destruction, loss or deterioration.
Protection of minors
The sale of alcohol to young people under the age of 18 is prohibited by law. Our wine offer is therefore aimed exclusively at adults. With your order you assure us that the recipient of the goods is older than 18 years.
Language of Contract
The contract language is German. The customer must ensure that the email address and delivery address provided by him for processing the order are correct. Incorrect information is solely at the expense of the customer.
The customer must ensure that the email address and delivery address provided by him for processing the order are correct. Incorrect information is solely at the expense of the customer.
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day of the order (1).
In order to exercise your right of cancellation, you must inform us (2) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). (3) In order to meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until the goods have been received by us or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to the following address immediately and in any case no later than fourteen days from the date on which you inform us of the cancellation of this contract: Weingut Hirtl, Brunngasse 72, 2170 Poysdorf. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs and the risk of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to an examination of the quality, properties.
Online dispute resolution
The EU Commission has provided an online platform for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr/
We take part in alternative dispute resolution: www.verbraucherschlichtung.at teil.
Applicable law / place of jurisdiction
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the UN sales law.
The factual and local court of 2136 Laa / Thaya is agreed as the place of jurisdiction.
Poysdorf, December 2020
